Recently, a federal judge in Texas issued a ruling prohibiting Texas employers from discriminating against employees based on their sexual orientation or gender identity. Although the plaintiff in that case was ultimately unsuccessful in establishing a case of Texas sexual orientation discrimination, the decision paved the way for gender-identity discrimination lawsuits.
Under Title VII of the Civil Rights Act of 1964, certain qualifying employers are not allowed to discriminate or harass an employee based on that person’s sex. Discrimination covers all aspects of employment, including things such as termination, hiring, promotions, and benefits.
More and more advocates are beginning to speak out about gender identity and the related discrimination many of these individuals face in their professional and personal lives. Historically, Title VII has not protected these individuals from discrimination by their employers; however, recent cases have begun to change the tide in how these cases are handled.